NEW DELHI: National Investigation Agency has told Supreme Court that it does not need further custody of former Nagpur University professor Shoma Sen, who has been in custody in Elgar Parishad case for over five-and-half years. The bail petition is now being heard by apex court.
Sen was arrested on June 6, 2018 in connection with Bhima Koregaon-Elgar Parishad case and is presently lodged in Byculla Prison in Mumbai. The activist approached SC after her bail plea was rejected by trial court and Bombay HC. She told SC that there was no prima facie evidence that she was associated with banned Naxal outfit CPI (Maoist) and the material allegedly recovered by the probe agency from electronic devices of other accused were “planted”.
Pleading for her bail, senior advocate Anand Grover and lawyer Paras Nath Singh submitted that the embargo under Section 43-D(5) of UAPA does not attract in her case.
“No material was found from her devices. Even materials which were allegedly found from devices of other accused were planted. I am not going into it as the matter is coming before Bombay high court in March,” Grover had contended. He added that Sen, 65, be granted bail as the case against her is weak due to of lack of evidence and also as she is suffering from various ailments.
“None of the statements in documents are corroborated by any independent evidence. Admittedly there is no terrorist act. There are no allegations against her of causing death of any public functionary or attempt to cause death of such functionary. Mere holding of certain literature through which violent acts may be propagated would not ipso facto attract provisions of Section 15(1)(b) of UAPA as observed in the Vernon case,” he said.
Sen was arrested on June 6, 2018 in connection with Bhima Koregaon-Elgar Parishad case and is presently lodged in Byculla Prison in Mumbai. The activist approached SC after her bail plea was rejected by trial court and Bombay HC. She told SC that there was no prima facie evidence that she was associated with banned Naxal outfit CPI (Maoist) and the material allegedly recovered by the probe agency from electronic devices of other accused were “planted”.
Pleading for her bail, senior advocate Anand Grover and lawyer Paras Nath Singh submitted that the embargo under Section 43-D(5) of UAPA does not attract in her case.
“No material was found from her devices. Even materials which were allegedly found from devices of other accused were planted. I am not going into it as the matter is coming before Bombay high court in March,” Grover had contended. He added that Sen, 65, be granted bail as the case against her is weak due to of lack of evidence and also as she is suffering from various ailments.
“None of the statements in documents are corroborated by any independent evidence. Admittedly there is no terrorist act. There are no allegations against her of causing death of any public functionary or attempt to cause death of such functionary. Mere holding of certain literature through which violent acts may be propagated would not ipso facto attract provisions of Section 15(1)(b) of UAPA as observed in the Vernon case,” he said.